Occasional lease for foreigners: the notarial statement and the substitute address

What an occasional lease is and why landlords ask foreigners for it

An occasional lease (najem okazjonalny) is a special type of residential lease regulated in articles 19a-19e of the Polish Tenants' Rights Act (ustawa o ochronie praw lokatorów, u.o.p.l.). Only a landlord who is a private person and does not run a rental business can use it. The lease must be in writing and for a fixed term of up to 10 years. For a general overview, see our guide to the occasional lease.

What makes it different from a regular lease are three annexes that the tenant provides:

1. a statement in the form of a notarial deed (akt notarialny) in which the tenant submits to enforcement (poddanie się egzekucji) and undertakes to vacate and hand over the flat after the lease ends or is terminated;
2. an indication of another place (lokal zastępczy, commonly called "adres zastępczy") where the tenant could move in if the landlord enforces the eviction;
3. a statement by the owner of that place (or by a person with legal title to it) consenting to the tenant and their household living there, with a notarised signature (podpis poświadczony notarialnie).

Why do landlords insist on it, especially with foreigners? In a regular lease, evicting a tenant who stops paying can take a long time: a court case, and often the question of social housing. With an occasional lease, the notarial statement serves as the basis for enforcement, so the landlord can recover the flat much faster. A landlord who worries that a foreign tenant may leave the country or be hard to sue sees this as security. For you it is mostly paperwork and an extra cost, not a sign of distrust.

Within 14 days of the lease start the landlord must notify the tax office (urząd skarbowy) about the occasional lease. Without that notification the special protections of the occasional lease do not apply, so it is in both parties' interest. You can ask the landlord for a copy of the confirmation.

Step by step: from agreeing terms to signing

The order matters, because the notary needs the draft lease and the address details before the appointment. Plan about one to two weeks for the whole process, more if you need a translator in a less common language.

1. Agree the terms. Rent (czynsz najmu), the admin fee (czynsz administracyjny, paid to the housing community or cooperative), utilities (media: electricity, gas, internet, usually by meter), deposit (max 6× rent), length of the lease and termination clauses. Find flats on Flats.pl, for example in Warsaw, Kraków or Wrocław.
2. Get the draft lease. Ask for it in writing before you go to the notary. You can prepare one together with the landlord in our lease agreement generator, which can generate an occasional lease too.
3. Find a substitute address. A relative, a friend or an acquaintance who owns a flat (or has legal title to it) and agrees to be listed. See the section below.
4. Get the owner's consent. The owner of the substitute place signs a consent statement and has the signature certified by a notary. They can do it at any notary, in their own city, without you.
5. Book the notary. Ask for a quote and say up front that you are a foreigner and what language you speak. Ask whether the notary will arrange a sworn translator or whether you should bring one.
6. Bring the documents. Your passport (or ID card for EU citizens), the draft lease, the landlord's details, the flat address and the substitute address with the owner's consent. A PESEL number is not required to rent a flat.
7. Sign the notarial statement. The notary reads the deed, the translator translates it, and you sign. You receive copies (wypisy) of the deed.
8. Sign the lease and the handover protocol. Attach the three annexes to the lease. On the day you get the keys, fill in the handover protocol with meter readings and photos.
9. The landlord notifies the tax office within 14 days of the lease start. Ask for a copy of the confirmation for your records.

Do not pay the deposit or the first rent before the notarial statement is signed and the lease is ready. Paying in advance for a flat you have not seen and to a landlord you have not met is a classic scam pattern. Check the owner in the land register (księga wieczysta) at https://ekw.ms.gov.pl if you have the KW number.

Registering your residence (zameldowanie na pobyt czasowy) is a separate administrative step. Foreigners staying longer usually register at the city or municipal office (urząd gminy/miasta) within 30 days of moving in, and the lease is the proof of your right to the flat. More on documents and formalities in our guide renting a flat in Poland as a foreigner.

The substitute address: who can provide it

This is the hardest part for most foreigners: you need a place you could move to if you had to leave the flat, and its owner must agree in writing with a notarised signature. Typical options:

• Family or relatives in Poland who own a flat or house. This is the simplest and most common solution.
• Friends, colleagues or acquaintances who own a flat. Explain to them what they are signing: they consent to you living there if you are evicted. It is not a guarantee for your debts.
• An employer or a university in rare cases, if they have accommodation and agree. Ask directly; do not count on it.
• Paid "substitute address" services. They exist in practice and are advertised online. Be careful: if the address is fictitious or the provider never intends to take you in, the arrangement may not meet the purpose of the act and could be challenged, and you pay for something you may not be able to use. Check who the owner is, read what you sign and, if in doubt, ask a lawyer.

Poland or abroad? The act does not explicitly say that the substitute place must be in Poland. In practice many notaries and landlords expect a Polish address, because enforcing an eviction to a place abroad is difficult. Some accept an address abroad (for example the family home in your country), but then the owner's consent with a certified signature usually has to be prepared abroad, and you may need a translation or an apostille. The issue is disputed and practice varies, so agree it with the notary and the landlord before you book anything.

The consent applies to the substitute place, not to money. The owner of the substitute address does not become liable for your rent. Still, it is a serious statement, so only ask people who understand it.

At the notary: language, translator, documents

The notarial statement is a short deed. The notary checks your identity, reads the content aloud and explains the consequences. You sign it, and the notary issues copies (wypisy): usually one for you and one for the landlord, which is attached to the lease.

Language. Notarial deeds are drawn up in Polish. If you do not speak Polish well enough, the notary must make sure you understand what you are signing. In practice this usually means a sworn translator (tłumacz przysięgły) present at the signing, who translates the deed orally. Many notaries in large cities work with translators of English, Ukrainian or Russian and can arrange one. A friend who speaks Polish is usually not enough.

What to bring:

• a valid passport, or an ID card if you are an EU citizen (if you only have a residence card, ask the notary whether it is enough);
• the draft lease, or at least the landlord's details, the flat address and the lease period;
• the substitute address and the owner's consent with a notarised signature (some notaries want to see it, others only need the address);
• the details of the people who will live with you, if they are to be covered by the statement.

Ask the notary in advance which documents they need, because practice differs slightly between offices. Arrive a bit early with the translator, and read the deed calmly. You can ask questions and request changes if something does not match what you agreed.

Costs: what to budget for

Maximum notary fees are set by a regulation, and many notaries charge less. Prices below are indicative (orientacyjnie, 2026) and depend on the city and the office. Always ask the notary and the translator for a quote.

Who pays? The law does not decide it. In practice the tenant often pays for the notarial statement and the translator, because these are the tenant's documents, but it is negotiable. In a tight market you may not get much, but asking the landlord to split the cost or lower the deposit is reasonable.

Add to that the first month's rent, the deposit and sometimes an agency commission (prowizja, often 50-100% of one month's rent). You can estimate your move-in costs with our calculators.

What it means for you as a tenant

An occasional lease is legal and very common, but it gives the tenant less protection than a regular lease. Before you sign, understand three things:

• Eviction without a court case on the merits. If you do not move out after the lease ends or is terminated, the landlord serves you a written demand to vacate. If you still do not leave, the landlord applies to the court only for an enforcement clause (klauzula wykonalności) on your notarial statement, and then a bailiff (komornik) can carry out the eviction to the substitute place. There is no full trial about whether the eviction is justified, and the usual protections against eviction into homelessness largely do not apply.
• The deposit can be up to 6× the monthly rent. In practice 1-2 months is the norm; 6 months is the legal maximum, not the standard. The deposit is returned after you move out, minus what you owe under the lease.
• Read the termination clauses. A fixed-term lease can be terminated early only in the cases written in the contract. Check whether you can leave early (for example if you lose your job or residence permit), with how much notice, and in which cases the landlord can terminate.

Keep proof of all payments (bank transfers rather than cash), the handover protocol with photos, and copies of every document. If there is a dispute, free state legal aid (nieodpłatna pomoc prawna) is available by appointment: https://np.ms.gov.pl. Read also our guide to tenant rights.

Alternatives to an occasional lease

• A regular lease (umowa najmu). No notary and no substitute address, and stronger tenant protection. Some landlords accept it if you offer a slightly higher deposit, references from a previous landlord or proof of income. See our guide to the lease agreement.
• Institutional lease (najem instytucjonalny). A similar structure (notarial statement), but used by companies that rent flats as a business. Often no substitute address is needed. You will meet it mainly in large build-to-rent projects.
• A room or student accommodation for the first months, while you look calmly for a flat. Compare in our guide room or flat.

Create a tenant profile so landlords know who you are before the viewing, and set up saved searches to get alerts about new listings. More tips for tenants on the For tenants page.

Sources and caveats

• Act of 21 June 2001 on the protection of tenants' rights (u.o.p.l.), art. 6 and 19a-19e: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20010710733
• Polish Civil Code (Kodeks cywilny), art. 673 and following: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19640160093
• Rules for foreigners and Ukrainian citizens: https://www.gov.pl/web/udsc

This guide is general information, written in October 2026, and not legal advice. Costs are indicative. Notary practice (especially around substitute addresses abroad) varies, so check the current law and ask the notary or a lawyer about your situation.